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COMMONWEALTH v. NEWBERRY

SJC-12575.

483 Mass. 186 (2019)

COMMONWEALTH v. DENEISHA D. NEWBERRY.

Supreme Judicial Court of Massachusetts, Suffolk.

September 18, 2019.

Corrected November 1, 2019.

Attorney(s) appearing for the Case

John P. Zanini , Assistant District Attorney ( Cailin M. Campbell , Assistant District Attorney, also present) for the Commonwealth.

Sarah M. Joss , Special Assistant Attorney General ( Nickeisha J. Davidson also present) for Massachusetts Probation Service.

Maureen Stanton Flaherty for the respondent.

Dana Alan Curhan , for Committee for Public Counsel Services & another, amici curiae, submitted a brief.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.

The pretrial diversion statute, G. L. c. 276A, allows certain first-time offenders, who are charged with specified offenses in the District Court or the Boston Municipal Court, to seek pretrial diversion to a treatment program rather than proceed on the trial track. If, after screening, the probation service determines that the individual...

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